1 This is the agreement between You, the customer (whom we refer to as “You” or “Your” in this document) and I WANT A DELIVERY LIMITED referred to as iWAD, who own and operate this website.
1.1 By browsing, accessing or using this website or by using any facilities or services made available through it or by transacting through or on it, you are agreeing to the terms and conditions that appear below (all of which are called the “Agreement”).
1.2 This Agreement is made between You and Us.
1.3 These terms and conditions apply to the sale and supply of goods (“Goods“) by the Company to the Customer named in the Account Application (as defined below) and no other terms or conditions shall apply. The Company reserves the right at its sole discretion to amend these terms and conditions at any time. The Customer will be provided with written notice of any such amendment by the Company and any future dealings thereafter will be subject to those amended conditions.
1.4 These terms and conditions apply to all of the Company’s sales and any variation to these terms and conditions shall have no effect unless expressly agreed in writing and signed by a director of the Company. For the avoidance of doubt no member of staff of the Company is authorised to vary these terms and conditions either orally or in writing. All amendments to these terms and conditions will be posted on-line. You may terminate this Agreement by written notice to us by email at [email protected] you do not wish to be bound by such new terms and conditions.
In this Agreement, we use various defined terms. You will know they are defined because they begin with a capital letter. This is what they mean:
“Purchase” shall mean the purchase of any product.
“Register” shall mean create an account on the Website and “Registration” means the action of creating an account.
“Service” shall mean all or any of the products or services provided by iWAD.
“Website” shall mean the iWAD website and any Microsite.
“Conditions” shall mean these terms and conditions and the “Special Conditions”
“Goods” shall mean goods displayed for sale on the Website;
“Online Sales” shall mean sales of Goods and Services conducted through the Website or Apps.
“Product Description” shall mean that part of the Website where certain terms and conditions in respect of the individual Good or Service are provided;
“Users” shall mean the users of the Website collectively;
“You/Your” shall mean a user of the Website, a purchaser or a supplier
“User Information” shall mean the details provided by You on any application to buy Goods or Services from us via the Website;
“Us, Our, We” Shall mean iWAD, a company registered in England and Wales under the number 09794745with registered office located at Andrew James House, Bridge Road , Kent , TN23 1BB
“Account Application” shall mean the Account Application form signed by the Customer or any such form which shall be accepted by the Company for the purpose of opening a new account
“Customer” shall mean any individual, firm, partnership, limited company, unincorporated association, trade association or other person or entity which completes the Account Application.
3 Website Use and Eligibility
The use of the Service, Website and any Purchase are each subject to the terms and conditions set out in this Agreement.
3.1 The purchase of Goods or Services is limited to parties that lawfully can enter into and form contracts on the Website under English law and who are resident or incorporated in the United Kingdom. This means that if You are an individual, You must be 18 years or older to purchase any Goods or Services via the Website and by offering to purchase any Goods or Services You represent to us that You are 18 years of age or older. To register, You must provide Your real name, phone number, e-mail address, credit card details and other requested information.
3.2 The Website is available only to individuals and companies or partnerships who we, in our absolute discretion, consider eligible. The eligibility criteria include, without limitation, those who have been issued a valid credit card by a bank acceptable to Us, whose applications are acceptable to Us and who have authorised Us to process a charge or charges on their credit card in the amount of the total purchase price for any Goods or Services which they purchase.
3.3 By making an offer to buy any Goods or Services, You specifically authorise us to transmit information (including any updated information) or to obtain information about You from third parties from time to time, including but not limited to Your credit-card number or credit reports, to authenticate Your identity, to validate Your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
3.4 We reserve the right to prevent you using the Website and the Service (or any part of them) and to prevent you from making any Purchase.
3.5 To use the Website or Service or to make a Purchase, you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone costs, telecommunications costs or other costs that you may incur.
3.6 We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Service or the Website will be free of faults and we do not accept liability for any errors or omissions. In the event of an error or fault, you should report it by email to: [email protected]
3.7 We do not warrant that your use of the Service or the Website will be uninterrupted and we do not warrant that any information transmitted via the Service or the Website will be transmitted accurately, reliably, in a timely manner or at all.
3.8 We do not give any warranty that the Service or the Website is free from viruses or anything else which may have a harmful effect on any technology.
3.9 Also, although we will try to allow uninterrupted access to the Service and the Website, access to the Service and the Website may be suspended, restricted or terminated at any time.
3.10 We reserve the right to change, modify, substitute, suspend or remove without notice any information or deal or service on the Website or forming part of the Service from time to time. Your access to the Website and/or the Service may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can.
4 Registration and Accounts
4.2 You must keep the password confidential and immediately notify us if any authorised third party becomes aware of that password or if there is any unauthorised use of your email address or any breach of security known to you.
4.3 All accounts must be registered with a valid personal email address. Any accounts which have been registered with someone else’s email address or with temporary email addresses may be closed without notice.
4.4 We reserve the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple registration accounts.
4.5 If you use multiple logins for the purpose of disrupting a community or annoying other users you may have action taken against all of your accounts
As a condition of Purchase, we reserve the right to send you administrative emails and information regarding your account activity and purchases. We may also send you promotional offers and vouchers however you may opt out of promotions at any time by clicking the ‘unsubscribe’ link at the bottom of such email correspondence.
5.1 A contract for purchase is made only after the following three events are complete: You have accepted these terms and conditions, We have received payment by a method authorised by us, We have sent you an email to confirm our acceptance of the transaction, You are welcome to print out these terms and conditions from our website as a record.
5.2 By making a Purchase, you acknowledge that the Purchase is made subject to this Agreement.
6.1 All prices, discounts and rates of VAT are subject to alteration without notice and in the event of such alteration the price charged will be that applicable when the service takes place. If a ‘price package’ is offered to the Customer, the placing of an order by the Customer constitutes agreement by the Customer to the price package and terms outlined by the company.
7.1 Each order placed by the Customer constitutes an offer by the Customer to purchase the services in accordance with these terms and conditions.
7.2 The Company shall be free to accept or reject each order placed by the Customer and will indicate its acceptance either expressly or by its conduct to the extent it delivers some or all of the services offered and purchased.
8.1 Payment can be made by any major credit or debit card. Payment will be debited and cleared from your account at the point of the service being completed and provided to you.
8.2 You confirm that the credit/debit card that is being used is Yours.
8.3 All credit/debit card holders are subject to validation checks and authorisation by the card issuer and we may share your personal information with such third parties as are necessary to enable Us to do such checks. If the issuer of your payment card refuses to authorise payment to Us, we will not be liable for any delay or non-delivery.
8.4 The price of the Goods is exclusive of amounts in respect of VAT. The Customer shall, on receipt of a VAT invoice from the Company, pay to the Company such additional amounts in respect of VAT as are chargeable on the supply of the Goods from time to time.
8.5 The Customer shall make payment to the Company in accordance with such credit terms as are granted to the Customer by the Company in default of which:
8.6 All discounts on overdue invoices shall be disallowed; and the price of all Goods supplied by the Company to the Customer and all distribution and administration costs incurred by the Company shall become immediately due and payable by the Customer.
8.7 Interest shall be payable on all accounts due and unpaid (from the date when payment is due until the date when the Company receives payment in full) at the current rate of statutory interest as prescribed pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 or any order made thereunder or statutory modification enactment thereof.
8.8 The Customer shall pay all amounts due in respect of the Goods in full without any deduction or withholding except as required by law and the Customer shall not be entitled to assert any credit, set-off or counterclaim against the Company in order to justify withholding payment of any such amount in whole or in part.
8.9 The Company may make an Administration Charge each time a Direct Debit is unpaid by the Customer’s bank or a cheque is dishonoured. The Administration Charge is £50.00 and may be increased from time to time at the Company’s sole discretion.
8.10 The Customer may, with the prior written approval of the Company, be permitted to make payments by debit or credit card, subject to such additional charges and terms as may be applied by the Company in its sole discretion and notified to the Customer from time to time.
8.11 The Company may in its sole discretion take any steps available to it to recover all amounts due to it from the Customer, including pursuing such debts through court proceedings.
8.12 The Customer will notify the Company in writing of any change of its status as disclosed in the Account Application, for example the addition or retirement of a partner, a change of name or marital status, the incorporation of a limited company, or any other change as may limit or modify the liability or the capacity of the Customer named on the Account Application to enter into a contract with the Company for the supply of Goods and services: in default of which the Customer completing the Account Application shall remain liable to the Company for the price of all Goods (including VAT) supplied.
9 Delivery of all goods must be checked and signed for by you being the customer.
9.1 Delivery will be made to the address specified by you when you make a purchase via the nominated iWAD partner.
9.2 It is your responsibility to ensure that an appropriate person is available at the delivery address at all times during the agreed date and time.
9.3 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. The Company shall have no liability to the Customer for any delay in delivery of the Goods.
9.4 At the time of delivery a copy invoice/delivery note shall be signed by the Customer or by such other person appearing to have authority to sign on behalf of the Customer and the copy invoice/delivery note shall be conclusive evidence of delivery and acceptance of the number of products delivered.
10.1 You shall indemnify us against each loss, liability or cost incurred by us arising out of: any claims or legal proceedings which are brought or threatened against us by any person arising from:
10.1.1 Your use of the Service or Website
10.1.3 The use of the Service or Website through your password; or any breach of this Agreement by you.
11 Data Protection
11.1 Words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons.
11.2 Clause headings such as “11 General” at the start of this Clause are purely for ease of reference and do not form part of or affect the interpretation of this Agreement.
11.3 References to “include” and “including” shall be deemed to mean respectively “include(s) without limitation” and “including without limitation”.
11.4 Nothing in this Agreement shall be construed to create a joint venture, partnership or agency relationship between You and Us and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
11.5 Except as expressly stated in this Agreement, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
11.6 You may not assign or delegate or otherwise deal with all or any of your rights or obligations under this Agreement. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under this Agreement to any person.
11.7 We shall not be liable for any breach of our obligations under this Agreement where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
11.9 Unless otherwise stated within this Agreement, notices to be given to either party shall be in writing and shall be delivered by electronic mail at the addresses provided, unless you are sending a notice to us for the purpose of legal process which should be sent by pre-paid registered post at our registered office.
11.10 If any provision of this Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected. This Agreement shall be governed by and construed in accordance with English law and both parties hereby submit to the exclusive jurisdiction of the courts of England.
12.1 There may well be occasions when you are unhappy with the service that has been provided to you by Us. In these cases, we will aim to be fair and efficient in handling any complaint and will process your complaint confidentially
12.2 If you have a complaint, please send us an email to [email protected]
12.3 We endeavour to give you an answer within 5 working days and will provide you with a likely timescale for resolving the dispute. We will keep you informed about the progress of Your complaint.
12.4 We undertake to check Our system regularly for handling complaints and We welcome any suggestion You may have in relation to how this system may be improved.
13 Compliance with relevant requirements
13.1 The Customer shall; comply with all applicable laws, statutes and regulations relating to anti-bribery and anti-corruption including but not limited to the Bribery Act 2010 (the Relevant Requirements);
13.2 comply with the Company’s anti-bribery policy “The Ethical Code of Conduct” (copies of which are available on request) (the Relevant Policy);
13.3 have and shall maintain in place its own policies and procedures, including but not limited to adequate procedures under the Bribery Act 2010, to ensure compliance with the Relevant Requirements and the Relevant Policy and will enforce them where appropriate; and
13.4 promptly report to the Company any request or demand for any undue financial or other advantage of any kind which the Customer becomes aware of in connection with the performance of any obligations by either party pursuant to these terms and conditions.
14.1 The Company supplies products on which barcodes may be printed, but will not be liable for any loss, damage or expense that may be suffered or incurred by the Customer by reason of any absence or inaccuracy in such bar codes or as a result of their incorrect use.
14.2 All implied terms, conditions and warranties howsoever implied, including without limitation those contained in the Sale of Goods Act 1979 (as amended) and the Supply of Goods and Services Act 1982 (as amended) including, inter alia, those relating to satisfactory quality and/or fitness for purpose are hereby excluded to the fullest extent permitted by law in respect of the supply of the Goods and/or any services by the Company to the Customer under this Agreement.
14.3 The Customer acknowledges and agrees that since the Company does not manufacture, produce, package or label any of the Goods, the Company neither gives nor makes any warranties or representations to the Customer as to the nature, quality, composition, fitness for purpose or description of any of the Goods. in the event of any such claim arising and at the request of the Customer, the Company agrees to pass on to the Customer the benefit of any warranties or representations made by the Company’s suppliers in respect of the nature, quality, composition, description or labelling of the Goods except to the extent that the Company is legally unable to do so.
14.4 Nothing in these terms and conditions excludes or limits the liability of the Company: for death or personal injury caused by the Company’s negligence; or for breach of the terms implied by section 12 of the Sale of Goods Act 1979;or for defective products under the Consumer Protection Act 1987; or for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability; or for fraud or fraudulent misrepresentation.
14.5 Subject to clauses 12.2 and 12.4: the Company’s total liability in respect of all claims in contract, tort (including negligence), breach of statutory duty, misrepresentation, restitution or otherwise, arising in connection with this Agreement between the Company and the Customer shall be limited to the aggregate price paid by the Customer to the Company in connection with the Goods delivered to the Customer by the Company in the preceding 12 months; and the Company shall not be liable to the Customer whether in contract, tort (including negligence), breach of statutory duty or otherwise for any loss of profit, loss of business, depletion of goodwill or other pure economic loss in each case whether direct, indirect or consequential, whatsoever and howsoever caused.
15.1 If any provision of these terms and conditions is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of these terms and conditions and the remainder of such provision shall continue in full force and effect.
15.2 Failure or delay by the Company in enforcing or partially enforcing any provision of these terms and conditions shall not be construed as a waiver of any of its rights under these terms and conditions.
15.3 The Company shall have no liability to the Customer under these terms and conditions if it is prevented from, or delayed in performing, its obligations under these terms and conditions or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm.
15.4 The Customer and the Company agree that these terms and conditions shall not be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to the Agreement.
15.5 These terms and conditions and the documents referred to in them, constitute the entire agreement and understanding between the parties and supersede any previous agreement, understanding or arrangement between the parties relating to the subject matter of these terms and conditions. The Customer acknowledges that it has not relied on, and shall have no remedy in respect of, any statement, assurance, warranty, understanding, promise or representation of any person (whether made negligently or innocently and whether or not made or given by the Company) which is not set out in these terms and conditions. Any samples, drawings, descriptive matter, or advertising issued by the Company and any descriptions or illustrations contained in the Company’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the contract between the Customer and the Company for the sale of the Goods. Each of the parties acknowledges and agrees that nothing in this clause shall operate to limit or exclude any liability for fraud.
15.6 The Customer may not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under these terms and conditions without the prior written consent of the Company.
15.7 Any notice required to be served by the Company under this Agreement shall be served by post, email or by hand to such address as the Company has for the time being on its records for the Customer. A notice sent by email or delivered by hand shall be deemed to have been served on transmission or delivery (as the case may be) and any notice sent by post shall be deemed to have been served two days after posting.
16 Applicable Law
These terms and any dispute arising out of or in connection with them (including non-contractual disputes or claims) shall be construed in accordance with English Law and the parties submit to the exclusive jurisdiction of the English courts.